A personal injury lawsuit involving an amusement park mishap has reached the appellate courts, drawing attention to safety measures at popular attractions. On August 18, 2023, Natalie Bell and Yana Tandan filed a complaint in the Warren County Court of Common Pleas against Cedar Fair, L.P., which operates Kings Island amusement park. The plaintiffs allege negligence after being struck by a cell phone while waiting in line for the Invertigo roller coaster.
The incident reportedly occurred on August 21, 2021, when Bell and Tandan were visiting Kings Island. According to their complaint, a cell phone fell from a rider on the Invertigo coaster due to inadequate protective netting, causing injuries to both plaintiffs. They claim that Cedar Fair failed to ensure guest safety by not implementing sufficient measures to prevent such accidents. The court documents reveal that Bell testified she saw the phone fall from the direction of the ride, while Tandan was less certain about its origin.
Despite these claims, Cedar Fair moved for summary judgment after discovery, arguing that there was insufficient evidence linking the cell phone to their ride and highlighting inconsistencies in the plaintiffs’ testimonies. The Warren County Court granted this motion on October 22, 2024, citing a lack of concrete evidence and expert testimony regarding industry standards for safety netting as critical factors in their decision.
The plaintiffs are seeking relief in terms of damages for their injuries but face challenges due to procedural shortcomings. The trial court emphasized that expert testimony is essential in cases involving technical aspects like amusement park safety standards. Without such testimony, proving negligence becomes difficult as it involves specialized knowledge beyond common understanding.
Represented by Kevin A. Bowman from Brannon & Associates, Bell and Tandan appealed the decision, asserting that there were genuine issues of material fact warranting further examination by a jury. However, without expert insights into whether Cedar Fair’s safety measures deviated from industry norms or posed unreasonable risks to guests, their case struggles to meet legal thresholds for negligence claims.
The appeal was heard by Judges Matthew R. Byrne (Presiding Judge), Robin N. Piper, and Mike Powell at Ohio’s Twelfth Appellate District Court under Case No. CA2024-11-080. Attorneys Molly E. Davis from Reminger Co., LPA represented Cedar Fair throughout these proceedings.
Source: 25CA3112_Bell_v_Cedar_Fair_LP_Opinion_Ohio_Court_of_Appeals.pdf
